STATE OF NEW YORK
________________________________________________________________________
6126
IN SENATE(Prefiled)
January 8, 2014
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Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and
when printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to period-
ic payment of judgments in wrongful death actions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (e) of rule 4111 of the civil practice law and
2 rules, as amended by section 5 of part F of chapter 494 of the laws of
3 2009, is amended to read as follows:
4 (e) Itemized verdict in certain actions. In an action brought to
5 recover damages for personal injury, injury to property or wrongful
6 death, which is not subject to subdivision (d) of this rule, the court
7 shall instruct the jury that if the jury finds a verdict awarding
8 damages, it shall in its verdict specify the applicable elements of
9 special and general damages upon which the award is based and the amount
10 assigned to each element including, but not limited to, medical
11 expenses, dental expenses, loss of earnings, impairment of earning abil-
12 ity, and pain and suffering. Each element shall be further itemized into
13 amounts intended to compensate for damages that have been incurred prior
14 to the verdict and amounts intended to compensate for damages to be
15 incurred in the future. In itemizing amounts intended to compensate for
16 future damages other than in wrongful death actions, the jury shall set
17 forth the period of years over which such amounts are intended to
18 provide compensation. In actions in which article fifty-A or fifty-B of
19 this chapter applies, in computing said damages, the jury shall be
20 instructed to award the full amount of future damages, as calculated,
21 without reduction to present value.
22 § 2. This act shall take effect immediately; and shall apply to all
23 wrongful death actions commenced on or after July 26, 2003.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11990-01-3
